Rio de Janeiro

exacerbated urban violence, not a war

Abstract

Under international humanitarian law, the state’s response to violent crime in Rio de Janeiro does not constitute a non-international armed conflict, as it does not fulfil the following criteria: (I) the intensity of armed confrontation; and (II) the degree of organization of non-state agents. If the Armed Forces are to be required to perform law enforcement actions in support of security forces in future, international law enforcement standards and domestic law, particularly the progressive use of lethal force, should apply. Although intense urban violence in Rio de Janeiro presents serious challenges to security and criminal justice systems, the law of armed conflict, including the usage of lethal force against a military objective in the conduct of hostilities, has no place in this discussion. Those who bravely serve in security forces should benefit from a strong legal protection based on a solid application/interpretation of existing legal norms.